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Prof. John Barkai William S. Richardson School of Law University of Hawaii

Prof. John Barkai William S. Richardson School of Law University of Hawaii. Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution.

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Prof. John Barkai William S. Richardson School of Law University of Hawaii

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  1. Prof. John BarkaiWilliam S. Richardson School of LawUniversity of Hawaii Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution

  2. Ideals, values, and assumptions about life that are widely shared among people and that guide specific behaviors. (Brislin 1993)

  3. Humu’humu’nuku’nuku’a’pu’a’a Water to the fish

  4. Cultural Dimension Interests

  5. Statements about culture are never statements about individuals. warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning warning

  6. Sophisticated Stereotypes

  7. The Dances Of Negotiation Text links to this jump www2.hawaii.edu/~barkai

  8. The Western View of the Business Deal The Deal Party A Party B

  9. Asian View of the Business Deal Trust-based Relationships Business bonding Via Entertainment The Deal Party A Party B Contracts based On a Handshake Gifts and Favors

  10. Emic & Etic Approaches Emic: cultural specific - only in one culture Etic: cultural general – in many cultures (from psycholinguistics)

  11. Levels of culture

  12. Top Countries by Exports April 2011 CIA – The World Factbook, References, Guide to Country Comparisons. https://www.cia.gov/library/publications/the-world-factbook/rankorder/rankorderguide.html

  13. Do not look at the next 9 slides before we cover them in class Top Countries by Exports

  14. Top Exporters - Alphabetical Canada China France Germany Hong Kong Italy Japan Netherlands Russia South Korea UK United States

  15. Exports ($billions USD) $1506 1337 1270 765 509 466 458 451 407 406 389 377 China Germany United States Japan France South Korea Italy Netherlands Canada UK Hong Kong Russia 4/11 Saudi Arabia 235

  16. Top 10 Countries by Population

  17. Alphabetical Population 2011 Bangladesh Brazil China India Indonesia Japan Nigeria Pakistan Russia United States

  18. Ranked in millions Population China 1337 India 1189 United States 313 Indonesia 246 Brazil 203 Pakistan 187 Bangladesh 159 Nigeria 155 Russia 139 Japan 126

  19. Ranked in millions Population 12 Philippines 102 14 Vietnam 91 20 Thailand 67 23 France 65 26 S. Korea 49 37 Canada 34 43 Malaysia 28 50 Taiwan 23 55 Australia 22 64 Kazakhstan 16 66 Cambodia 15

  20. 98 Hong Kong 7 • Singapore 4.5 • 134 Mongolia 3 • 159 Fiji .9 • 175 Maldives .4 • 183 Samoa .2 • 191 Tonga .2 • 189 FMS .1

  21. If there were 100 people in the worldhow many would live in…? Africa Asia Europe N. America S. & Latin America Pacific Islands

  22. Africa Asia Europe N. America S. & Latin America Pacific Islands 14 60 12 5 8 1 If there were 100 people in the worldhow many would live in…?

  23. What do you see?

  24. Interests Drive Negotiations Iceberg Theory

  25. Iceberg Theory “Below the line” issues Huge & invisible. Purposely hidden, or simply Out of awareness

  26. CROSS CULTURAL

  27. LIVING CROSS CULTURALLY

  28. Shichi Go San 7-5-3

  29. High context, low context Edward T. Hall Hofstede Dimensions Power distance Individualism v. collectivism Masculinity v. femininity (Comp v Coop) Uncertainty avoidance Long-term v. short term orientation Geert Hofstede

  30. High context, low context (U.S.) Edward T. Hall

  31. The high-context communication style is associated with a nonverbal, implicit, high-context style of communication, which predominates in non-Western, collectivist countries. It does not focus on just the immediate issues, but puts a particular focus on long-term and emotional aspects of the relationship between the parties and is preoccupied with considerations of symbolism, status, and face; It also draws on highly developed communication strategies for evading confrontation." Raymond Cohen (paraphrased) The meaning is not in the words, but in the greater context. “That’s just great.” (when its not) – “That would be difficult.”

  32. The low-context communication style is infused with the can-do, problem-solving spirit, assumes a process of give-and-take, and is strongly influenced by Anglo-Saxon legal habits. When negotiation experts suggest a model of negotiation (usually involving such features as the "joint search for a solution," "isolating the people from the problem," and the "maximization of joint gains"), they are proposing a version of the low-context, problem-solving model. Rational thought is at the base of this model; people are part of the problem, not the solution; each problem can be solved discretely; goals are defined in terms of material, not psychic, satisfactions. Raymond Cohen (paraphrased) The words convey the meaning

  33. ConflictsA High Context Perspective Non-Western negotiators tend to be surprised by their negotiation partner’s ignorance of history, preoccupation with individual rights, obsession with the immediate problem while neglecting the overall relationship, excessive bluntness, impatience, disinterest in establishing a philosophical basis for agreement, extraordinary willingness to make soft concessions, constant generation of new proposals, and inability to leave a problem pending. They are frustrated by their American partner's occasional obtuseness and insensitivity; tendency to see things and present alternatives in black-or-white, either-or-terms; appetite for crisis; habit of springing unpleasant surprises; intimidating readiness for confrontation; tendency to bypass established channels of authority; inability to take no for an answer; and obsession with tidying up loose ends and putting everything down on paper. Raymond Cohen

  34. Conflicts A Low Context Perspective American negotiators tend to be surprised by their negotiation partner’s preoccupation with history and hierarchy, preference for principle over nitty-gritty detail, personalized and repetitive style of argument, lack of enthusiasm for explicit and formal agreement, and willingness to sacrifice substance to form. They are frustrated by their partners' reluctance to put their cards on the table, intransigent bargaining, evasiveness, dilatoriness, and readiness to walk away from the table without agreement. Raymond Cohen Negotiating Across Cultures

  35. Smart Bargaining: Doing Business with the Japanese Graham & Sano Japan External Trade Organization's (JETRO)

  36. 16 ways Japanese avoid saying “No” 1. Vague “no” 2. Vague and ambiguous “yes” or “no” 3. Silence 4. Counter question 5. Lateral responses 6. Exiting (leaving) 7. Lying (equivocation or making an excuse— sickness, previous obligation, etc.) 8. Criticizing the question itself 9. Refusing the question 10. Conditional “no” 11. “Yes, but . . .” 12. Delaying answer (e.g., “We will write you a letter.”) 13. Internally “yes,” externally “no” 14. Internally “no,” externally “yes” 15. Apology 16. The equivalent of the English “no”— primarily used in filling out forms, not in conversation

  37. No – Maybe Game To evade a direct answer to any question that you are asked. Sample questions (make up your own): What is your name? Where do you live? Where do you work or go to school? Where did you get that shirt you are wearing? Where did you go on your last vacation? How much money do you have saved? Do you like to eat Chinese food? - make up other questions

  38. No – Maybe Game Examples. Possible answers / ways of saying "no" without saying "no.“ - vague and ambiguous answer - ask a question back rather than answering their question - say something that is not on point - criticize the question - active listen, paraphrase, or summarize the question - make the "no" conditional - saying "yes, but ..." - delaying the answer - making an apology - silence - tell a lie or make an excuse - walking away

  39. Opinion

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